Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between [Legal entity name, e.g. ActScope B.V.], registered in [country / Chamber of Commerce number], with its registered office at Haringbuisdijk 103, 1086 VA Amsterdam, Netherlands(“ActScope”, “we”, “us”), and the natural or legal person who accesses or uses the Service (“Customer”, “you”, “your”). By creating an account, completing a paid subscription, or using the free classifier you accept these Terms in full. The Service is intended for business users; if you are using ActScope on behalf of an organisation, you warrant that you have authority to bind that organisation.

• “Service” — the actscope.eu website, the AI Act risk classifier, the document generator, the compliance dashboard, the export and support features, and any related APIs.
• “Customer Data” — any data, content, or information that you submit to the Service, including AI-system descriptions, classifier inputs, uploaded documents, and account metadata.
• “Outputs” — risk classifications, draft compliance documents, obligation lists, gap analyses, and any other content the Service generates from Customer Data.
• “Subscription” — a paid plan to use the Service, billed monthly or annually in EUR.
• “DPA” — the Data Processing Agreement between us, available on request and incorporated by reference where you act as a controller of personal data.
• “EU AI Act” — Regulation (EU) 2024/1689 of the European Parliament and of the Council.

ActScope is a software-as-a-service tool that helps organisations classify their AI systems under the EU AI Act, generate draft compliance documentation, track obligations, and prepare for audits. The free classifier is available without an account. Some features require a paid Subscription. We may add, modify, or remove features over time, including for compatibility, security, or regulatory reasons; we will not materially reduce the functionality of a paid plan during a billing cycle without commensurate credit or refund.

You must provide accurate registration information and keep it up to date. You are responsible for the security of your credentials and for any activity performed through your account. You must notify us promptly at security@actscope.eu of any unauthorised access. We may suspend an account where we have a reasonable suspicion of credential compromise or breach of these Terms.

Plan prices and limits are listed at /pricing and are denominated in EUR exclusive of VAT. Stripe processes payments and handles VAT in accordance with applicable EU rules. By subscribing you authorise recurring charges to your selected payment method until you cancel. If a payment fails we may retry, restrict access to paid features, and ultimately terminate the Subscription for non-payment.

We may change Subscription pricing for renewals on at least 30 days' written notice (email or in-app). The new price applies to your next billing cycle; you may cancel before that cycle begins to avoid the change.

Paid plans include a 14-day free trial. You may cancel at any time from your account settings; access continues until the end of the current billing period and we do not pro-rate. Subscription fees are non-refundable except where required by law. Where you are a consumer entitled to a statutory right of withdrawal under EU consumer protection law, you expressly request that we begin performance of the Service immediately upon subscription, and you acknowledge that this means your right of withdrawal is lost once the Service has been fully performed for the period in question.

As between you and us, you retain all rights, title, and interest in and to Customer Data. You grant ActScope a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, modify, and otherwise process Customer Data and any Outputs derived from it, solely to the extent necessary to operate, secure, and improve the Service for you. We will not sell Customer Data, will not use it for advertising, and will not use it to train third-party AI models. This licence terminates when the relevant Customer Data is deleted in accordance with our retention policy.

You warrant that you have all rights, consents, and lawful bases necessary to provide Customer Data to the Service and that your use of Customer Data with the Service does not infringe any third party's rights or violate any law.

The Service, including its source code, design, prompts, models, documentation, and trade marks, is and remains our property or that of our licensors. We grant you a non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your Subscription. Nothing in these Terms transfers ownership of the Service to you.

Outputs that the Service generates from your Customer Data are licensed to you on a perpetual, irrevocable, royalty-free basis for your own internal and external compliance use, including disclosure to your auditors, regulators, customers, and counsel. You may not redistribute the Service itself or repackage Outputs as a competing product.

This is the most important provision in these Terms. Read it twice.

ActScope is a software tool, not a law firm. Outputs are generated by statistical language models (currently Anthropic Claude) using your inputs and our prompt-engineering. They are decision-support information, not legal advice. They have not been reviewed by a lawyer for your specific circumstances.

You remain the provider, deployer, importer, distributor, or other regulated party under the EU AI Act and applicable law. You are responsible for evaluating Outputs against your actual systems, supply chain, and risk profile, and for having them reviewed by qualified legal counsel before relying on them in any audit, contract, CE-marking submission, conformity assessment, post-market monitoring filing, or other regulatory context. Outputs may be incorrect, incomplete, or outdated, particularly where the law evolves, where your inputs are ambiguous, or where the underlying language model produces a flawed response.

We do not guarantee that any Output, individually or collectively, satisfies the requirements of Regulation (EU) 2024/1689 or any other law. To the maximum extent permitted by law, we disclaim all liability for compliance decisions made on the basis of Outputs.

You will not, and will not permit anyone else to:

• Use the Service in violation of any applicable law, sanction, or third-party right.
• Submit content that is unlawful, defamatory, obscene, or contains malware, or that you do not have the right to submit.
• Submit personal data in classifier inputs or uploaded documents beyond what is reasonably necessary to obtain a useful Output.
• Attempt to reverse-engineer, decompile, scrape, copy, or derive the source code, prompts, or model weights of the Service, except to the extent expressly permitted by mandatory law.
• Probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measures, except under a written security-research agreement.
• Use the Service to develop a competing product or to benchmark against undisclosed competitors.
• Resell, sublicense, or share account access beyond your plan's seat limits.
• Use the Service to provide legal advice to third parties or to hold yourself out as authorised legal counsel.
• Submit content that is, or facilitates, an AI Act prohibited practice (Article 5) — for example, social-scoring of natural persons, untargeted scraping of facial images, or real-time remote biometric identification — for any purpose other than testing the classifier's detection of such practices.

You warrant and represent that:

• You have full power and authority to enter into and perform these Terms;
• You have all necessary rights, consents, and lawful bases for the Customer Data you provide;
• Your use of the Service complies with all applicable laws, including data protection, export-control, and sanctions laws;
• You will not rely on Outputs as a substitute for qualified legal, compliance, or technical advice; and
• Information you submit to the classifier is given in good faith and is, to the best of your knowledge, accurate.

We may make features available marked as “beta”, “preview”, “experimental”, or similar. Beta features are provided as-is, may be changed or withdrawn without notice, are excluded from any service-level commitments, and are not warranted to perform as documented. Use of beta features is at your sole risk.

You will defend, indemnify, and hold harmless ActScope, its officers, employees, contractors, and agents from and against any third-party claim, demand, action, regulatory investigation, fine, loss, or expense (including reasonable legal fees) arising out of or relating to: (a) Customer Data or its use with the Service; (b) your breach of these Terms or any law; (c) your reliance on Outputs in dealings with regulators, customers, or other third parties without independent legal review; or (d) your infringement of any third party's intellectual property, privacy, or publicity rights. We will notify you of any such claim, give you reasonable assistance, and allow you to control the defence with counsel reasonably acceptable to us; we may participate at our own expense and will not settle a claim that requires an admission or payment from us without our prior written consent.

Except as expressly stated in these Terms and to the maximum extent permitted by law, the Service and Outputs are provided “as is” and “as available”, without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, uninterrupted availability, or freedom from errors. We do not warrant that Outputs comply with any specific regulatory standard, that the Service will meet your specific business or compliance needs, or that defects will be corrected.

Total cap.Subject to the carve-outs below, our aggregate liability arising out of or relating to these Terms or the Service — whether in contract, tort (including negligence), warranty, statute, or any other theory — will not exceed the greater of (i) the total fees paid by you to ActScope under your Subscription in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred euro (€100).

Excluded losses. Subject to the carve-outs below, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of revenue, profits, business opportunity, goodwill, anticipated savings, or data — even if advised of the possibility of such damages.

Carve-outs (the cap and exclusions above do NOT apply). Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; (d) liability that cannot be limited or excluded under mandatory applicable law, including under the GDPR; or (e) your obligation to pay fees that have accrued or to indemnify us under Section 13.

You acknowledge that the fees for the Service reflect this allocation of risk and that we would not provide the Service to you on these prices absent these limitations.

Each party may receive non-public information from the other in connection with the Service (“Confidential Information”). The receiver will use Confidential Information only to perform under these Terms, will protect it with at least the same degree of care it uses for its own Confidential Information (and never less than reasonable care), and will not disclose it to third parties except to its personnel and contractors who need to know and are bound by confidentiality obligations no less protective than these. This Section does not apply to information that is or becomes public without breach, was rightfully known before disclosure, or is independently developed without use of the discloser's Confidential Information. The receiver may disclose Confidential Information when compelled by law, provided it gives the discloser, where lawful, reasonable advance notice and assistance to seek a protective order.

Our processing of personal data is described in our Privacy Policy. Where you act as a controller and we act as a processor under the GDPR, our DPA (available on request) governs that processing and is incorporated by reference into these Terms.

The Service interoperates with third-party services we do not control, including Anthropic, Stripe, Supabase, Vercel, Resend, and PostHog. We are not responsible for the availability, accuracy, content, or policies of such third parties. Your use of those services is governed by their own terms.

By you. You may terminate your Subscription at any time from your account settings; access continues to the end of the current billing period.

By us. We may suspend or terminate your access to the Service, in whole or in part, if (a) you materially breach these Terms and do not cure the breach within 14 days of written notice (or immediately for breaches of Sections 7 (rights in Customer Data), 10 (Acceptable use), or 16 (Confidentiality)); (b) we are required to do so by law; (c) your payment is more than 14 days overdue; or (d) we reasonably believe your continued use poses a security or legal risk to us or other customers. We will give reasonable advance notice of suspension where practicable and safe to do so.

Effect of termination. On termination your access to the Service ends. We will retain Customer Data only for the periods stated in our Privacy Policy. Sections 6, 7 (final sentence), 8 (final sentence), 9, 13, 14, 15, 16, 17, 22, and 23 survive termination.

We may amend these Terms from time to time. For non-material changes (e.g. corrections, updated entity details, additional sub-processors notified under the Privacy Policy) we will post the updated text with a new “Last updated” date. For material changes affecting your rights or obligations, we will give at least 30 days' advance notice by email and a banner inside the dashboard. If you do not accept a material change you may terminate your Subscription before the change takes effect, in which case we will refund pre-paid fees for the unused portion of your current term.

Notices to ActScope must be sent to legal@actscope.eu. Notices to you may be sent to the email address registered to your account or shown inside the Service. Notices are deemed received on the day of transmission.

Neither party is liable for failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, war, civil disturbance, governmental action, sanctions, labour disputes, internet or hosting-provider outages, or failures of third-party software or AI providers. The affected party will give prompt notice and use reasonable efforts to mitigate.

You confirm that you are not, and you will not permit anyone you authorise to use the Service to be, a party named on any EU, UK, or US sanctions or denied-party list, or located in a comprehensively sanctioned jurisdiction. You will not export the Service or Outputs in violation of applicable export-control laws.

Following your written consent (which may be by email), we may identify you as an ActScope customer and use your name and logo on our website and in customer lists. You may revoke this consent at any time on 30 days' notice to legal@actscope.eu.

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of substantially all of our assets, with notice to you.

If a provision of these Terms is held invalid or unenforceable, the remainder will continue in effect, and the invalid provision will be replaced by a valid one that most closely reflects the parties' original intent. A failure or delay in enforcing any right is not a waiver.

These Terms, the Privacy Policy, the DPA where applicable, and any order-form or written addendum signed by both parties form the entire agreement between us with respect to the Service and supersede any prior understanding or agreement on the same subject.

These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts of Amsterdam have exclusive jurisdiction over any dispute arising out of or relating to these Terms, without prejudice to mandatory jurisdiction rules that protect consumers in their member state of residence.

ActScope — Legal
legal@actscope.eu
Haringbuisdijk 103, 1086 VA Amsterdam, Netherlands